United States v. Arnulfo Gomez-Vargas
Opinion
MEMORANDUM **
Arnulfo Gomez-Vargas appeals from the district court’s judgment and challenges his guilty-plea conviction and 52-month sentence for reentry after deportation, in violation of 8 U.S.C. § 1326. Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Gomez-Vargas’s counsel has filed a brief stating that there are no grounds for relief, along with a motion to withdraw as counsel of record. We have provided Gomez-Vargas the opportunity to file a pro se supplemental brief. No pro se supplemental brief or answering brief has been filed.
Gomez-Vargas has waived his right to appeal his conviction and sentence. Our independent review of the record pursuant to Penson v. Ohio, 488 U.S. 75, 80, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), discloses no arguable issue as to the validity of the waiver. See United States v. Watson, 582 F.3d 974, 986-88 (9th Cir. 2009). We accordingly dismiss the appeal. See id. at 988.
Counsel’s motion to withdraw is GRANTED.
DISMISSED.
This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.
Reference
- Full Case Name
- UNITED STATES of America, Plaintiff-Appellee, v. Arnulfo GOMEZ-VARGAS, A.K.A. Arnulfo Vargas Gomez, Defendant-Appellant
- Status
- Unpublished